Transcendentny horyzont wartości w fenomenologii prawa Simone Goyard-Fabre
Abstract
The Transcendent Horizon of Values in the Phenomenology of Law according to Simone Goyard-Fabre
Simon Goyard-Fabre combines references to Husserl’s phenomenology and to Kant’s legalism. She refers to Husserlian concept of Lebenswelt, describing the intersubjective “lifeworld of experience” as a permanent horizon of legal consciousness. According to Goyard-Fabre, law is the “modality of human life” and belongs to it essentially, disclosing its essential source thanks to the revelation of the “transcendental constitution of what is legal,” i.e., the anthropological and spiritual source of any normativity. Even though “legal reality” is submitted to description, critique and evaluation, we should treat it as an indication or phenomenon of some hidden essentiality – normativity as something that is necessary with the transcendent horizon of values.
Keywords: law, value, normativity, intersubjectivity, transcendental function of consciousness.
Simon Goyard-Fabre combines references to Husserl’s phenomenology and to Kant’s legalism. She refers to Husserlian concept of Lebenswelt, describing the intersubjective “lifeworld of experience” as a permanent horizon of legal consciousness. According to Goyard-Fabre, law is the “modality of human life” and belongs to it essentially, disclosing its essential source thanks to the revelation of the “transcendental constitution of what is legal,” i.e., the anthropological and spiritual source of any normativity. Even though “legal reality” is submitted to description, critique and evaluation, we should treat it as an indication or phenomenon of some hidden essentiality – normativity as something that is necessary with the transcendent horizon of values.
Keywords: law, value, normativity, intersubjectivity, transcendental function of consciousness.
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